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Ninth Circuit expands 'extreme cruelty' under domestic abuse law.

Publication: Trial
Publication Date: 01-JAN-04 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Acts of contrition are an integral part of domestic abuse, so they constitute "extreme cruelty" under the Violence Against Women Act (VAWA), the Ninth Circuit has ruled. The case involved a Mexican citizen who fled to the United States to escape her abusive husband and sought permanent residency under the act. (Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003).)

"Although [she] was not battered in the United States, the interaction that took place in the United States presents a well-recognized stage within the cycle of violence, one which is both physically and practically crucial to maintaining the batterer's control," Circuit Judge Richard Paez wrote for the court. "We conclude that an abuser's behavior during the 'contrite' phase of domestic violence may, and in circumstances such as those present here does, constitute 'extreme...

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